HomeMy WebLinkAbout11-18-2020 Board of AdjustmentIOWA CITY BOARD OF ADJUSTMENT
Wednesday, November 18, 2020
Electronic Meeting — 5:15 PM
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Agenda:
1. Call to Order
2. Roll Call
3. Special Exception Item
a. EXC20-0002 & EXC20-0003: An application submitted by MMS Consultants
requesting a special exception to allow a drive -through lane in a Community
Commercial (CC-2) zone and a special exception to allow a 15,000 square foot
general manufacturing use in a CC-2 zone for a new coffee shop and bakery at 531
Highway 1 West.
4. Consideration of Meeting Minutes: October 14, 2020
5. Adjournment
If you will need disability -related accommodations in order to participate in this meeting, please
contact Kirk Lehmann, Urban Planning at 319-356-5230 or at kirk-lehmann@iowa-city.org. Early
requests are strongly encouraged to allow sufficient time to meet your access needs.
Upcoming Board of Adjustment Meetings
Formal: December 9 / January 13 / February 10
Informal: Scheduled as needed.
STAFF REPORT
To: Board of Adjustment
Item: EXC20-0002 & EXC20-0003
Parcel Number: 1016430006
GENERAL INFORMATION:
Applicant:
Contact Person:
Property Owner(s):
Prepared by: Kirk Lehmann, Associate Planner
Date: November 18, 2020
MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Jon Marner
1917 S. Gilbert St.
Iowa City, IA 52240
i.marner _mmsconsultants.net
I.sexton CcD-mmsconsultants. net
Shirley Ranshaw LLC
463 Highway 1 West
Iowa City, IA 52246
Requested Action: Special exception to allow an accessory drive -
through facility and a general manufacturing use
between 5,000 and 15,000 square feet in a
Community Commercial (CC-2) zone
Purpose:
Location:
Location Map:
To redevelop the site with a new coffeeshop and
bakery
531 Highway 1 West
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Size:
Existing Land Use and Zoning:
Surrounding Land Use and Zoning
Applicable Code Sections:
File Date:
BACKGROUND:
1.573 acres
Commercial; Community Commercial (CC-2)
North: Commercial; Community Commercial (CC-
2) and Intensive Commercial (CI-1)
East: Commercial; Community Commercial (CC-
2) and Intensive Commercial (CI-1)
South: Light Industrial; Intensive Commercial (CI-1)
West: Commercial; Intensive Commercial (CI-1)
14-413-3A: General Approval Criteria
14-4134C-1: Technical/Light Manufacturing And
General Manufacturing In CC-2, CB-2, CB-5, And
CB-10 Zones
14-4C-2K: Drive -Through Facilities
October 9, 2020
MMS Consultants submitted two special exception applications on behalf of the owner for the
subject property at 531 Highway 1 West:
1. A request for adrive-through facility associated with a new coffeeshop (EXC20-0002); and
2. A request for a general manufacturing facility between 5,000 and 15,000 square feet in a
Community Commercial (CC-2) zone to allow the construction of a new bakery with office
space (EXC20-0003).
The subject property is on a lot approximately 125 feet wide and more than 550 feet deep. Access
for the site is provided from the north via a signal -controlled intersection with Highway 1. The
intersection includes a pedestrian crossing which leads to a concrete pad and bus stop
approximately 15 feet to the north of the subject property, though it does not connect to any
properties to the south. The intersection leads to a private frontage road located on the subject
property which also serves adjacent businesses. An existing building with a continuous curb cut
across the lot abuts the frontage road. Access to the rest of the site is provided by a drive around
the building and drive aisles through the parking lot behind it. The south portion of the site currently
remains undeveloped with trees and a natural stormwater channel. The site is zoned Community
Commercial (CC-2) and is surrounded by other commercial and light industrial uses.
The proposed coffeeshop with the accessory drive -through use will replace the existing vacant
building. The site plan (Attachment 4) proposes restricting access from the frontage road with a
one-way drive around the building where the entry lane is west of the building and the exit lane is
to the east. The plan also shows two drive -through lanes southwest of the new building, one for
mobile pick-up and one for standard drive -through traffic. The proposed order board is south of the
building, facing southeast. The drive -through lanes are shown merging to a single lane which will
pass two drive -through windows proposed on the east building face. The site plan also shows a
new pedestrian pathway through the site from the Highway 1 crossing.
The proposed bakery will be constructed on the undeveloped land on the south side of the site.
Access is proposed from a one-way drive that circulates beside the proposed drive -through lanes.
2
The site plan shows parking and loading space to the north of the bakery. Pedestrian access is
provided from the proposed building to the north. Because of the presence of the stormwater
channel and trees on this part of the site, the final design needs to carefully consider stormwater
management systems and impacts to potential sensitive areas.
ANALYSIS:
The purpose of the Zoning Ordinance is to promote the public health, safety and general welfare;
to conserve and protect the value of property throughout the city; and to encourage the most
appropriate use of land. It is the intent of the Ordinance to permit the full use and enjoyment of
property in a manner that does not intrude upon adjacent property. The Board may grant the
requested special exceptions if the requested actions are found to be in accordance with the
specific criteria included in Section 14-4C-2K-3, pertaining to special exceptions to allow a Drive -
Through use in a CC-2 zone, and in Section 14-413 4C-1, pertaining to Technical/Light
Manufacturing And General Manufacturing In CC-2, CB-2, CB-5, And CB-10 Zones, as well as the
general approval criteria in Section 14-413-3A.
For the Board of Adjustment to grant these special exception requests, each of the following
criterion below must be met. The burden of proof is on the applicant, and their comments
regarding each criterion may be found on the attached application. Staff comments regarding
each criterion are set below.
Specific Standards: Drive -Through Use in a CC-2 Zone
14-4C-2K-3 Special Exception Approval Criteria
1. Access and Circulation: The transportation system should be capable of safely
supporting the proposed drive -through use in addition to the existing uses in the
area. Evaluation factors include street capacity and level of service, effects on
traffic circulation, access requirements, separation of curb cuts, and pedestrian
safety in addition to the following criteria:
a. Wherever possible and practical, drive -through lanes shall be accessed from
secondary streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access
drive is not possible, the board may grant access to a primary street, but may
impose conditions such as limiting the width of the curb cut and drive, limiting
the number of lanes, requiring the drive -through bays and stacking lanes to be
enclosed within the building envelope, and similar conditions.
FINDINGS:
The property has access from Highway 1 West via a private shared access point
and frontage road on the subject property. The frontage road provides circulation
to adjacent commercial and light industrial properties to the east and west.
The proposed drive -through lane is not accessed from a primary street. Rather it
is accessed from a one-way internal drive which enters from the frontage road on
the west side of the property, loops through the middle of the site, and exits onto
the frontage road on the east side of the property.
3
b. To provide for safe pedestrian movement, the number and width of curb cuts
serving the use may be limited. A proposal for a new curb cut on any street is
subject to the standards and restrictions in chapter 5, article C, "Access
Management Standards", of this title.
FINDINGS:
• The site currently has a continuous curb cut along the frontage drive.
• The proposed site plan eliminates the continuous curb cut on the frontage drive
and replaces it with restricted access via two curb cuts for the entrance and exit.
• Pedestrian access to the site is currently limited, but a bus stop pad and Highway
1 crosswalk are located approximately 15 feet from the north property line. To
provide for safe pedestrian movement, the site plan includes a pedestrian route
that connects this pad to the proposed buildings.
• The site plan shows that the pedestrian route will be clearly demarcated, such as
through dyed concrete or alternative paving materials, where it crosses the
frontage road and all internal drives.
c. An adequate number of stacking spaces must be provided to ensure traffic
safety is not compromised. A minimum of six (6) stacking spaces is
recommended for drive -through facilities associated with eating establishments
and a minimum of four (4) stacking spaces for banking, pharmacies, and similar
nonfood related drive -through facilities. "Stacking spaces" shall be defined as
being twenty feet (20') in length and the width of a one lane, one-way drive. The
board may reduce the recommended number of stacking spaces if the applicant
can demonstrate that the specific business has unique characteristics such that
the recommended number of parking spaces is excessive (i.e., a drive- through
that is to be used for pick up only and not ordering).
FINDINGS:
• The site plan shows stacking space for 16 vehicles, 10 vehicles in the standard
drive -through lane and an additional 6 in the mobile order bypass lane. This well
exceeds the minimum number of required stacking spaces. The entrance to the
drive -through lane is also over 150 feet from the frontage road entry, which
reduces the chance of impacts from spillover traffic.
• Research indicates that coffee shop uses can produce long maximum queues, in
excess of 10 cars in high traffic areas.' Due to the additional stacking spaces and
distance of the drive -through lane from the frontage road, queuing is not
expected to compromise traffic safety.
d. Sufficient on site signage and pavement markings shall be provided to indicate
direction of vehicular travel, pedestrian crossings, stop signs, no entrance
areas, and other controls to ensure safe vehicular and pedestrian movement.
FINDINGS:
• The site plan indicates directional arrows at all access points to the site.
• Directional signs are shown at each curb cut from the frontage road to direct
cars, including an entrance sign, an exit sign, and a do not enter sign.
1 Spack, M., Moreland, M., de Leeuw, L., Hood, N. (2012, February). Drive -Through Queue Generation. Retrieved
from http://countingcars.com
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• Pavement markings are shown within the site to denote the different drive -
through lanes and direct automobile and truck traffic around and through the site.
• Pedestrian crossings are demarcated on the site plan.
2. Location:
a. In the CB-2 zone and in all subdistricts of the riverfront crossings district located
east of the Iowa River, drive -through lanes and service windows must be located
on a nonstreet-facing facade. In all other locations where drive-throughs are
allowed, this location standard must be met, unless the applicant can
demonstrate that a street -facing location is preferable for the overall safety and
efficiency of the site, does not conflict with adjacent uses or pedestrian access,
and does not compromise the character of the streetscape or neighborhood in
which it is located.
FINDINGS:
• The drive -through lanes and service windows are not on a street -facing facade.
b. Drive -through lanes must be set back at least ten feet (10') from adjacent lot
lines and public rights of way and screened from view according to the design
standards below.
FINDINGS:
• Drive -through lanes are set back more than 15 feet from adjacent property lines
to the east and west and are much further from the Highway 1 right of way.
• Screening is provided along the east and west property lines within the 5-foot
setback. Staff will ensure compliance with the City's screening standards at site
plan review.
3. Design Standards: The number of drive -through lanes, stacking spaces, and paved
area necessary for the drive -through facility will not be detrimental to adjacent
residential properties or detract from or unduly interrupt pedestrian circulation or
the commercial character of the area in which the use is located. The board of
adjustment may increase or reduce these standards according to the
circumstances affecting the site.
a. To promote compatibility with surrounding development, the number of drive -
through lanes should be limited such that the amount of paving and stacking
space does not diminish the design quality of the streetscape or the safety of
the pedestrian environment.
FINDINGS:
The site abuts properties with commercial zoning and uses to the east, south,
and west and is across Highway 1 from properties with commercial zones and
uses to the north.
The site plan shows two 11-foot wide drive -through lanes which merge into a
single lane.
The proposed drive -through lanes are at the rear and side of the proposed
building which limits effects on the streetscape.
5
• Where pedestrian routes cross the frontage road, drive through lanes, and
internal access drives, the site plan shows clear demarcations to maximize
pedestrian safety.
b. Drive -through lanes, bays, and stacking spaces shall be screened from views
from the street and adjacent properties to the S2 standard. If the drive -through
is located adjacent to a residential use or property zoned residential, it must be
screened from view of these properties to at least the S3 standard. To preserve
the pedestrian oriented character of streets in the CB-2 zone and the riverfront
crossings district, the board may require the drive -through to be incorporated
within the building or be screened with masonry street walls and landscaping.
Street walls shall be a minimum of five feet (5') in height and shall be designed
to complement the principal building on the site.
FINDINGS:
• S2 screening is proposed along the east and west property lines within the five-
foot setbacks from adjacent properties.
• The property is not adjacent to any residential use or zone.
c. Multiple windows servicing a single stacking lane (e.g., order board, payment
window, pick up window) should be considered to reduce the amount of idling
on the site.
FINDINGS:
• The applicant has proposed a mobile order bypass lane in addition to the primary
drive -through lane which contains one order board.
• The proposed design includes a second service window.
d. Stacking spaces, driveways, and drive -through windows shall be located to
minimize potential for vehicular and pedestrian conflicts and shall be integrated
into the surrounding landscape and streetscape design of the neighborhood in
which it is located.
FINDINGS:
• The site plan shows pedestrian access through the site from the bus stop pad
and Highway 1 crosswalk, by the coffee shop, and to the bakery.
• Pedestrian access twice crosses stacking spaces, driveways, and drive -through
windows. Given the width and depth of the lot, vehicular and pedestrian conflicts
are minimized to the extent possible.
• Automobile and truck traffic are provided through one-way drives to minimize
conflicts, though truck traffic may temporarily impede the flow of traffic on internal
drives as they maneuver to access the bakery.
• Stacking spaces, driveways, and drive -through windows are generally hidden
from the streetscape and are consistent with the design of the area.
e. Lighting for the drive -through facility must comply with the outdoor lighting
standards set forth in chapter 5, article G of this title and must be designed to
prevent light trespass and glare onto neighboring residential properties.
X
FINDINGS:
• Staff shall review any new lighting for the site in compliance with current code
standards as part of the site plan review process.
6) (Repealed by Ordinance No. 16-4685 on 11-15-2016)
7) Loudspeakers or intercom systems, if allowed, should be located and directed
to minimize disturbance to adjacent uses. Special consideration should be
given to locations adjacent to residential uses to ensure such systems do not
diminish the residential character of the neighborhood.
FINDINGS:
• Intercom systems in the order boards are directed southeast towards the parking
lot of the adjacent commercial property. There are no adjacent residential uses.
Specific Standards: General Manufacturing Use Over 5,000 Square Feet in a CC-2 Zone
14-46-4C-1 Special Exception Approval Criteria
a. The proposed use is limited to a "cottage industry" as defined in chapter 9,
article A, "General Definitions", of this title.
FINDINGS:
Chapter 9, Article A defines a cottage industry as "A firm that manufactures
and/or assembles goods that are intended for retail sale to the general public.
The goods may also be sold at wholesale to other outlets or firms, but retail sales
is (sic) a significant component of the operation. The manufacturing component
for such a firm is small in scale. Size limitations may apply to such uses in
commercial zones to keep the uses in scale and character with surrounding land
uses."
The proposed general manufacturing facility will provide baked goods to other
coffeeshops for direct retail sale. The manufacturing component complies with
the size limitations as required in these standards, and surrounding properties
are commercial and light industrial uses.
The proposed use meets the City's definition of a "cottage industry."
b. The proposed use is limited to five thousand (5,000) square feet of gross floor
area, excluding floor area devoted to other principal or accessory uses, except
as provided in subsection C1 a of this section.
FINDINGS:
• The proposed use is 14,922 square feet, but it meets the exception as provided
in subsection C1 e of this section (see below).
c. The proposed use meets the performance standards for off site impacts
contained in chapter 5, article H, "Performance Standards", of this title. The City
may require certification of compliance from a registered professional engineer
or other qualified person.
7
FINDINGS:
• Beyond administrative provisions, Chapter 5, article H Performance Standards
include Noise (14-51-1-4), Air Quality Standards (14-51-1-5), Odor (14-51-1-6),
Vibration (14-51-1-7), and Storage of Combustible and Flammable Materials (14-
51-1-8).
• The proposed use in this case is a bakery, so no significant issues related to air
quality, noise, odor, vibrations, or combustible materials are expected.
• While there may be minor impacts caused by truck traffic accessing the bakery,
nearby properties do not contain potentially sensitive uses.
• Staff shall ensure the proposed use meets the performance standards for offsite
impacts as part of the site plan review process.
d. The following general manufacturing uses are prohibited: (1) The manufacturing
of chemicals and allied products. (2) Any manufacturing establishment that
includes milling or processing of grain. (3) Leather tanning. (4) Manufacturing
of motor vehicles. (5) Manufacture or processing of rubber or plastics. (6)
Textile mills.
FINDINGS:
• The proposed use is a bakery which will provide baked goods to eating
establishments. This is not a prohibited use.
e. subsection C1e referenced above] The limit on floor area for a proposed use
may be increased from five thousand (5,000) square feet up to fifteen thousand
(15,000) square feet by special exception.
FINDINGS:
• The proposed use is 14,922 square feet of floor area as allowed in this
subsection upon approval of a special exception.
General Standards: Drive -Through Facility and General Manufacturing Use
14-4B-3: Special Exception Review Requirements:
1. The specific proposed exception will not be detrimental to or endanger the public
health, safety, comfort or general welfare.
FINDINGS:
• The site has a continuous curb cut the width of the property. The proposed site plan
provides better access control to the frontage drive which improves safety.
• Vehicular and pedestrian circulation is improved over the current site layout, and
conflicts are minimized to the extent possible in light of the proposed continuous
pedestrian route and truck access to the bakery.
• Access to the property is at a signalized intersection.
• The proposed redevelopment will increase car and truck traffic to the site but will not
be detrimental to or endanger the public health, safety, comfort or general welfare.
2. The specific proposed exception will not be injurious to the use and enjoyment of
other property in the immediate vicinity and will not substantially diminish or impair
property values in the neighborhood.
E'�
FINDINGS:
• Stormwater impacts must comply with Iowa City standards to ensure no negative
effects are experienced on surrounding properties.
• The proposed uses are similar to those of surrounding properties.
• The proposed addition will not impact the ability of neighbors to utilize and enjoy their
properties, nor will it negatively impact property values in the neighborhood.
3. Establishment of the specific proposed exception will not impede the normal and
orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located.
FINDINGS:
• The surrounding neighborhood is already fully developed with a mix of commercial
and light industrial uses.
• Some offsite pedestrian improvements will be needed that connect the Highway
crossing to the subject property. This will benefit all property owners in the area.
• The proposed site plan aligns in an orderly manner with adjacent properties.
• Future redevelopment of adjacent properties will not be impeded.
4. Adequate utilities, access roads, drainage and/or necessary facilities have been or
are being provided.
FINDINGS:
• Sufficient utilities, access roads, and necessary facilities are established for this
neighborhood and can meet the proposed site requirements.
• Pedestrian access will be established between the right of way and subject property.
• Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to
all proposed buildings.
• A stormwater drainageway currently flows through the south side of the site and along
the east property line. During site plan review, a storm sewer or culvert will need to be
included underneath the parking area to accommodate stormwater flow, along with an
overland flow route if the storm sewer is clogged or over capacity. The City should be
granted a drainage easement for this drainageway prior to site plan approval.
• Additional easements for the City may be required for the public water main and
hydrant on the north side of the property prior to site plan approval.
5. Adequate measures have been or will be taken to provide ingress or egress
designed to minimize traffic congestion on public streets.
FINDINGS:
• The proposal better controls access to the frontage drive than the current site and is
near a controlled signalized intersection with capacity to handle trips generated by the
use.
• There is adequate space for 19 vehicles to stack in the drive -through lanes with
additional space on the internal circulation drive. While coffee service is known to
produce longer queues, the site plan as proposed will not affect ingress or egress on
public streets.
• Pedestrian access will be established between the right of way and subject property.
9
• The site contains adequate space for delivery vehicles to enter the site and maneuver.
6. Except for the specific regulations and standards applicable to the exception being
considered, the specific proposed exception, in all other respects, conforms to the
applicable regulations or standards of the zone in which it is to be located.
FINDINGS:
• Staff will ensure the site design conforms with all other applicable zoning standards
and regulations, including screening and street tree requirements, during the site plan
review.
• The site contains several mature trees which may constitute a grove. Some trees may
be removed with the construction of the bakery. The applicant will need to perform a
site inspection prior to submittal of a site plan to determine if a sensitive areas review
is required.
7. The proposed exception will be consistent with the Comprehensive Plan of the City,
as amended.
FINDINGS:
• The Future Land Use Map of the Comprehensive Plan designates this area for General
Commercial. The Future Land Use Map of the South Central District Plan designates
this area for Retail/Community Commercial with a strip of open space along Highway
1 and possible Intensive or Highway Commercial along Ruppert Road.
• The Comprehensive Plan supports planning for commercial development in defined
commercial nodes as identified in District Plans to meet the needs of the present and
future population. The District Plan also discusses the importance of upgrading
landscaping and creating pedestrian access.
• The current land use of this property is consistent with the Comprehensive and District
Plans and will not change because of the proposed special exception.
• The proposed drive -through and bakery are consistent with the Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of EXC20-0002, to allow an accessory drive -through facility in a CC-
2 zone, and EXC20-0003 to allow a general manufacturing use of between 5,000 and 15,000
square feet in a CC-2 zone, for the property located at 531 Highway 1 West subject to the following
conditions:
1. Substantial compliance to site plan dated November 6, 2020.
2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan
approval and installed by the developer at the developer's expense prior to the issuance
of a certificate of occupancy.
3. The owner must grant the City a drainage easement for stormwater. The easement area
must be approved by the City Engineer, terms approved by the City Attorney, and the
easement granted to the City prior to site plan approval.
4. The owner must grant the City additional easements for the public water main and hydrant
on the north side of the property if required by the City Engineer. The easement area must
be approved by the City Engineer, terms approved by the City Attorney, and the easement
granted to the City prior to site plan approval.
10
ATTACHMENTS:
1. Location Map
2. Zoning Map
3. Correspondence
4. Application Materials
Approved by:
Danielle Sitzman, AICP, Development Services Coordinator
Department of Neighborhood and Development Services
11
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Kirk Lehmann
From: Camille Dykstra<cdykstra@iowacitylandscaping.com>
Sent: Monday, November 2, 2020 12:42 PM
To: Kirk Lehmann
Subject: Drive-thru on Hwy 1
We have no opposition to a drive thru coffee shop across the street. We welcome a new business!
C a mule Dykat rii
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Experts in Planning and Development Since 1975
October 9, 2020
City of Iowa City
Urban Planning
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City. Iowa 52240
319,351.8282
mrnsconsultants.net
mms@mmsconsultants.net
RE: Specific Approval Criteria for a special exception application at 531 Highway 1
West (DRIVE -THROUGH)
Code Section 14-4C-2:
K.1 Allowed Facilities: Drive -through facilities are allowed in a CC-2 zone by special
exception.
K.3.a Access and Circulation:
1) The drive through lanes have been situated to access the shared access drive
located on the north side of the property. They have been extended in length to
the south to maximize the number of stacking spaces on site.
2) The current site has access across the entire south edge of the access drive.
This proposal will restrict the access points to two curb cuts for the entry and
exit. Pedestrian traffic with the site allows for safe access for the restaurant.
There are no existing pedestrian connections to connect to adjacent to the site.
3) The proposed plan provides nineteen stacking spaces, including a mobile order
only bypass lane. This exceeds the minimum requirement of six spaces, which
we feel is necessary to reduce the possibility of congestion at the frontage drive
and Highway 1 signal. The site is also set back from the frontage drive to allow
additional space for vehicles to exit the drive -up window without negatively
impacting the intersection.
4) Pavement markings and signage will be provided as required by staff to ensure
safe vehicular movement on the site.
K.3.b Location:
2) The drive -through lane has been setback and screened as required on the east
side of the property. The west side shares a connection to existing parking
immediately at the property line. This proposal shows the new pavement
matching the existing pavement at that property line, which is allowed by code.
K.3.c Design Standards:
1) The proposed site design shows the drive-thru and stacking primarily at the
rear of the building with limited visibility or impact to the streetscape and
pedestrian safety.
Specific Criteria EXC20-02.docx
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2) The drive through has been screened from adjacent properties to the required
S2 standard on the east side. The west side pavement is designed to match the
existing pavement located on the property line.
3) A mobile order bypass lane is included in the design, along with a second drive-
thru window.
4) The site has been designed to minimize pedestrian and vehicular conflicts.
5) Lighting will be provided to comply with outdoor lighting standards.
7) Speakers and intercom systems will be located on the east side towards the rear
of the site to minimize impact to adjacent properties and Highway 1.
Respectfully submitted,
Jon D. Marner, Partner
.
Specific Criteria EXC20-02.docx
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Experts in Planning and Development Since 1975
October 9, 2020
City of Iowa City
Urban Planning
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City. Iowa 52240
319,351.8282
mrnsconsultants.net
mms@mmsconsultants.net
RE: Specific Approval Criteria for a special exception application at 531 Highway 1
West (PROVISIONAL USE -PRINCIPAL BUILDING COTTAGE INDUSTRY BUILDING
SQUARE FOOTAGE)
Code Section 14-4B-4C.1:
a) The provisional use will be a principal building that meets the definition of
`cottage industry'. The surrounding properties are all intensive commercial uses
and are generally consistent with the type of building proposed with this
application.
b) The proposed use is 15,000 square feet. This is the maximum exception as
provided in subsection C.1.e.
c) The proposed use will meet the performance standards for off -site impacts.
d) The proposed use is for a bakery to support this restaurant location, as well as
others within eastern Iowa.
e) This proposed use is for 15,000 square feet, the maximum exception allowed.
The building will primarily consist of light manufacturing for a bakery, with
some office space for operations included in the building design as well. This
proposed use could support up to 60 individual restaurants, resulting in
approximately 50 new jobs for this bakery.
Respectfully submitted,
Jon D. Marner, Partner
Specific Criteria EXC20-03.docx
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Experts in Planning and Development Since 1975
October 9, 2020
City of Iowa City
Urban Planning
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City. Iowa 52240
319,351.8282
mrnsconsultants.net
mms@mmsconsultants.net
RE: General Approval Criteria for a special exception application at 531 Highway 1
West (DRIVE -THROUGH)
Code Section 14-4B-3:
1. The proposed site design minimizes pedestrian and vehicular conflicts. It also
provides for an entrance and exit to a frontage drive instead of a primary public
street and is near a controlled signalized intersection.
2. The site is located amidst multiple Intensive Commercial properties and does
not interfere with the use of those properties.
3. This site is an in -fill property. The current surrounding properties have already
been developed. This proposal would not impede the existing uses.
4. All utilities, access roads, and necessary facilities are existing and able to meet
the proposed site requirements. Additional storm sewer will need to be installed
to convey drainage across the site from the southwest corner to the existing
culvert along the northeast edge of the property. This issue has been discussed
with engineering staff on a preliminary basis, and will be designed and reviewed
with the site plan submittal.
S. The proposed site design allows traffic to access a common frontage drive. This
drive has access to Highway 1 via a signalized intersection.
6. The site design conforms to the applicable zoning standards and regulations.
7. The site use is an allowed use for the existing zone. This zoning and use are
consistent with the current Comprehensive plan.
Respectfully submitted,
Jon D. Marner, Partner
General Criteria EXC20-02.docx
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MMS Consultants, Inc.
Experts in Planning and Development Since 1975
October 9, 2020
City of Iowa City
Urban Planning
410 E. Washington Street
Iowa City, IA 52240
1917 S. Gilbert Street
Iowa City. Iowa 52240
319,351.8282
mrnsconsultants.net
mms@mmsconsultants.net
RE: General Approval Criteria for a special exception application at 531 Highway 1
West (PROVISIONAL USE -PRINCIPAL BUILDING COTTAGE INDUSTRY BUILDING
SQUARE FOOTAGE)
Code Section 14-4B-3:
1. The proposed site design minimizes pedestrian and vehicular conflicts. It also
provides for an entrance and exit to a frontage drive instead of a primary public
street and is near a controlled signalized intersection
2. The site is located amidst multiple Intensive Commercial properties and does
not interfere with the use of those properties.
3. This site is an in -fill property. The current surrounding properties have already
been developed. This proposal would not impede the existing uses.
4. All utilities, access roads, and necessary facilities are existing and able to meet
the proposed site requirements. Additional storm sewer will need to be installed
to convey drainage across the site from the southwest corner to the existing
culvert along the northeast edge of the property. This issue has been discussed
with engineering staff on a preliminary basis, and will be designed and reviewed
with the site plan submittal.
5. The proposed site design allows traffic to access a common frontage drive. This
drive has access to Highway 1 via a signalized intersection.
6. The site design conforms to the applicable zoning standards and regulations.
7. The site use is an allowed use for the existing zone. This zoning and use are
consistent with the current Comprehensive plan.
Respectfully submitted,
Jon D. Marner, Partner
General Criteria EXC20-03.docx
B & B MEYER LLC
615 HWY 1 WEST
IOWA CITY, IA 52246
DEERY DEERY & DEERY LLC
7404 UNIVERSITY AVE
CEDAR FALLS, IA 50613
KSK LTD PRTNRSHP
463 HWY 1 WEST
IOWA CITY, IA 52246
RUPPERT ROAD LLC
PO BOX 25
HIAWATHA, IA 52233
SHIRKEN LLC
463 HWY 1 WEST
IOWA CITY, IA 52246
VAN METER INDUSTRIAL INC
850 32ND AVE SW
CEDAR RAPIDS, IA 52404
Adjacent Property Owners List
531 HIGHWAY 1 WEST
Within 3 00'
MMS Project #8533-005
BFLS PROPERTIES LLC
5630 GABLE AVE SW
KALONA, IA 52247
GARY J & DEBORAH K HARAPAT
2657 ANCHORAGE RD NE
SOLON, IA 52333
LARRY E YODER
1380 RIVERSIDE RD
RIVERSIDE, IA 52327
RWH REAL ESTATE LLC
465 HWY 1 WEST STE 200
IOWA CITY, IA 52246
SHIRLEY RANSHAW LLC
463 HIGHWAY 1 W
IOWA CITY, IA 52246
CORNERSTONE CAPITAL PARTNERS
L
PO BOX310
IOWA CITY, IA 52240
JOE & ANGELA SOBASKI
600 HWY 1 WEST
IOWA CITY, IA 52246
LINDA F DYKSTRA
4680 RAPID CREEK RD NE
IOWA CITY, IA 52240
SCA LAW PROPERTIES LLC
568 HIGHWAY 1 W
IOWA CITY, IA 52246
TSB HOLDINGS LLC
PO BOX 1490
IOWA CITY, IA 0
Source: Johnson County Auditor's Office 8533-005AP0_092920.docx
LEGAL DESCRIPTION:
THE EAST 125 FEET OF EQUAL WIDTH OF THE FOLLOWING DESCRIBED REAL ESTATE:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP
79 NORTH, RANGE 6 WEST OF THE FIFTH PRINCIPAL MERIDIAN, THENCE SOUTH 696.5 FEET ALONG THE
CENTERLINE OF THE PAVEMENT OF HIGHWAY 6 AND 218 TO ITS INTERSECTION WITH THE CENTERLINE
OF THE PAVEMENT OF HIGHWAY 1 (STATION 0+00) A POINT 2.2 FEET WEST OF THE EAST LINE OF
SECTION 16; THEN SOUTH 87°50' WEST ALONG THE CENTERLINE OF PAVEMENT OF HIGHWAY 1 TO
HIGHWAY STATION 16+58.3; THENCE SOUTH 68.3 FEET TO AN IRON PIN AT THE PLACE OF BEGINNING,
THENCE SOUTH 84048' WEST 621.3 FEET, THENCE SOUTH 74052' WEST 34.36 FEET, THENCE SOUTH
74028' WEST 333.6 FEET, THENCE SOUTH 00050' WEST 388.3 FEET, THENCE SOUTH 89040 EAST 974.9
FEET, THENCE NORTH 00026' EAST, 548.6 FEET TO THE PLACE OF BEGINNING.
MINUTES
BOARD OF ADJUSTMENT
FORMAL MEETING
OCTOBER 14, 2020 — 5:15 PM
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
PRELIMINARY
An electronic meeting is being held because a meeting in person is impossible
or impractical due to concerns for the health and safety of Commission
members, staff and the public presented by COVID-19.
MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius
MEMBERS ABSENT: Ernie Cox
STAFF PRESENT: Susan Dulek, Kirk Lehmann
OTHERS PRESENT: Mark Holtkamp, Jon Marner
CALL TO ORDER:
The meeting was called to order at 5:15 PM.
ROLL CALL --
A brief opening statement was read by Pretorius outlining the role and purpose of the Board and
the procedures that would be followed in the meeting.
SPECIAL EXCEPTION ITEM EXC20-0001:
An application submitted by MMS Consultants requesting a special exception to allow a drive -
through lane in an Intensive Commercial (CI-1) zone for a proposed new building at 1335
Highway 1 West.
Pretorius opened the public hearing.
Lehmann reiterated this is an application submitted by MMS looking at an intensive commercial
zone for proposed new building at 1335 Highway 1 West and the reason there is a special
exception is they are proposing to have a drive through lane at that location. Lehmann showed
that the property is located west of the river on Highway 1 at the intersection with Sunset Street
near the P&G facility. Lehmann noted everything in that subdivision is also intensive
commercial, however across the highway from the development to the northwest is some single
family low density and also some low density multifamily as well as some additional commercial
Board of Adjustment
October 14, 2020
Page 2of9
uses, but those are relatively far away.
Regarding background, earlier this year MMS had rezoned the property to change the
conditional zoning agreement (CZA) but not the zoning map. At that time, they modified the CZA
to reduce the setback from what had previously been 30 feet to 10 feet. Council approved that
modification on July 7 with five conditions. First, there can only be one access on Highway 1 at
Sunset Street where it currently is, second that there's no outdoor storage of merchandise or
material within 100 feet of Highway 1 or it has to be heavily buffered, third, again that 10 foot
setback which was reduced from 30 feet and it also requires screening to the S3 level, which is
a standard in the zoning code, four, the City must approve a landscaping plan prior to a building
permit and five, a public access easement shall be provided along the southwest side of that
landscaped area prior to the approval of the site plan for a future pedestrian access.
With this application, MMS is requesting a special exception to establish a drive through facility
at that site. It will be a new coffee shop and will be accessed from a frontage road on the
southeast side of the property. Lehmann explained that the frontage road serves the entire area,
which includes the Procter & Gamble site and the other auto oriented uses nearby. They are
currently proposing a single drive through window for payment and pickup located on the south
side of the building itself. There's also an order board on the north side of the property facing
the highway. Lehmann noted any development needs to comply with the CZA that was
approved earlier this year, which includes those enhanced screening standards. Lehmann
showed the site plan for the proposed building, pointing out the enhanced screening on the
northwest side of the property towards the highway, and also the screening towards the
adjacent property lines. Lehmann indicated the access road to the subdivision is on the
southwest side of the site with future pedestrian access just north of it. The drive -through itself is
a one way that would be accessed from the frontage road and it would move west from the
northeast side where it would split off into a parking lot and that would be a one way out. The
actual drive through line would be a one way which exits past the building with the window.
Chrischilles asked how far the building from Highway 1 is. Lehmann showed the property line
and noted the it abuts the Highway 1 right-of-way, but the access road is contained on this
parcel and the parcel to the southwest and there's already an access easement for the access
drive to the subdivision. The new CZA expands that access easement to also provide for
pedestrian access in the future. Chrischilles asked where the sidewalk would be. Lehmann
showed on the map and said the sidewalk would be it just within the easement north of the
pavement for the access drive. Chrischilles asked if there is a proposed sidewalk along
Highway 1 and Lehmann noted currently there is not but there is pedestrian route on the other
side of the highway.
Lehmann said the current building that's there now would be demolished, he pointed out most of
the surrounding uses are very auto oriented and there's quite a bit of pavement in the area.
Lehmann noted there will be some current screening that will be lost as they expand the
pavement but there is some generous elevation that helps with the enhanced screening.
The role of the Board is to approve the special exception, approve with conditions or deny the
application based on the facts presented. To approve the application the Board must find that
the application meets all the approval criteria which includes both specific standards for drive
through facilities in CI-1 zones and then also general standards, which are required for all
special exception applications. The specific standards are found at 14-4C-2K and generally
Board of Adjustment
October 14, 2020
Page 3of9
relate to access and circulation at the location as well as some design standards.
First regarding access and circulation, the transportation system should be capable of safely
supporting the proposed drive through use in addition to the existing uses in the area.
Evaluation factors include street capacity and level of service, effects on traffic circulation,
access requirements, separation of curb cuts and pedestrian safety. Those are considered
through these following criteria. The first one is wherever possible and practical, drive through
lanes shall be accessed from secondary streets, alleys or shared cross access drives. Lehmann
noted for this development the property has access from Highway 1 West via a private share
access point on the southwest side of the property and there's a frontage road on the southeast
side of the property. The frontage road is what provides circulation throughout the subdivision,
which includes adjacent commercial and light industrial properties to the north, east and south.
The drive through lane is proposed to be accessed from the frontage road on the southeast side
of the property, but no direct other access to Highway 1 is allowed. Second is to provide for
safe pedestrian movement, the number and width of curb cuts serving the use may be limited.
Any new curb cut on streets is subject to the same restrictions in chapter five, article C. Staff
finds that the submitted site plan will utilize existing curb cuts at three access points in the
frontage road. Again there is a single entry point and one exit point for the small parking area
and one exit point for the proposed drive through lane. The proposed use is drive through only
so pedestrians are not allowed to enter the building other than workers. Sidewalks aren't
provided in this area along the frontage road or the highway, though they are provided from the
onsite parking to the proposed building for employees. The CZA does require an easement for
pedestrian access in the future along the access drive to the development. The proposed drive
through does not encroach on the pedestrian easement or otherwise affect pedestrian
movement on the site. Third, there must be an adequate number of stacking spaces provided to
ensure traffic safety is not compromised, especially overflow. The minimum is six stacking
spaces for drive through facilities associated with eating establishments, and even though this is
a coffee shop, it is considered an eating establishment. Staff finds that the submitted site plan
indicates stacking spaces for at least seven vehicles, if they park very close they might
accommodate eight, approximately three of those spaces including the order board and then
four spaces are including the pickup window back to the order board. The location of the
entryway into the drive through is approximately 120 feet from the intersection of the access
from Highway 1 along the frontage road so if there is overflow, it would overflow into the
frontage road and there'd be approximately six more spaces there. The traffic memo from
Scooters Coffee that was included in the staff report estimates approximately 25 cars during
peak hours which is approximately one car every two minutes and 24 seconds. Generally the
stacking spaces provided on site can accommodate 28% of the peak hour demand. Research
indicates that coffee shops tend to produce higher maximum queues which can be in excess of
10 cars. So there may be some spillover from the stacking into the private frontage road but
staff does not believe that that will compromise safety due to slow speeds within the frontage
road and the adequate space from the entry of the drive through to the access into the
development. So it won't impact access into the subdivision, but may impact immediate
circulation on the site. Fourth, sufficient on -site signage and pavement markings must be
provided to indicate direction of vehicular travel, across stop signs, no entrance areas, and other
controls to ensure safe movement of pedestrian and vehicles. Staff finds the submitted site plan
shows directional arrows are provided at entry and exit points on the site, and directional signs
are shown at each curb cut from the frontage road to direct cars. That includes an entrance sign
and exit sign and then one "do not enter" sign by the parking lot.
Board of Adjustment
October 14, 2020
Page 4 of 9
Regarding the location standards, Lehmann noted there are two general sub -standards. The
first location standard applies in locations where drive throughs are allowed but are outside of
CB-2 and Riverfront Crossings zones. For this application, drive through lanes and service
windows must be located on a non -street facing facade unless the applicant can demonstrate
that the street facing location is preferable for the overall safety and efficiency of the site, does
not conflict with adjacent uses or pedestrian access, and does not compromise the character of
the streetscape or neighborhood in which it is located. Staff finds the property is not in a CB-2
zone or subdistrict of Riverfront Crossings. Staff also finds that the drive through lane and
service window face Highway 1 and the access drive to the area, respectively. The proposed
drive through routing, though it faces Highway 1, allows additional stacking spaces above the
minimum required and provides separation of drive through and access road traffic which is
preferable for the safety and efficiency of the site. The required screening and the lower
elevation of the drive through in relation to Highway 1 reduces its visibility from the highway and
prevents potential conflicts of adjacent uses, pedestrian access and streetscape character. The
second location standard is that drive through lanes must be set back at least 10 feet from
adjacent lot lines and public rights -of -way and screened from view according to the design
standards. Staff finds the drive through lane setback more than 10 feet from the Highway 1
property line and approximately 10 feet from the north property line and 32 feet from the access
drive. Screening is provided along the drive aisle to the north, west and south and where
possible along the east property line. The site plan reflects that the landscaping and an
approved landscaping plan are required as part of that CZA that was approved earlier this year.
Lehmann noted the final set of specific standards for drive throughs are design standards, the
number of drive through lanes, stacking spaces, and paved areas necessary for the drive
through facility will not be detrimental to adjacent residential properties or detract from or unduly
interrupted pedestrian circulation or the commercial character of the area in which the use is
located. The Board of Adjustment may increase or reduce these standards according to
circumstances affecting the site. First, to promote compatibility with surrounding development
the number of drive through lanes should be limited such that the amount of paving and
stacking does not diminish the design quality of the streetscape or the safety of the pedestrian
environment. Staff finds the site abuts properties with commercial zoning to the north, east and
south, all of which is CI-1. Property across from Highway 1 is a mix of commercial, multifamily
and single-family zoning but it is further than 300 feet from the subject property. Lehmann noted
a single 14 foot wide drive through lane is shown and there is some green space that will be
provided between the drive through lane and adjacent access road properties and that the site
and surrounding properties currently have no pedestrian access, and no pedestrian access is
anticipated in the near future across Highway 1. Second, drive through lanes, bays and stacking
stations shall be screened from views from the street and adjacent properties to the S2
standard. If the drive through lane is located adjacent to a residential use or property zoned
residential, it must be screened from the view of these properties to at least the S3 standard.
Staff finds that S2 screening is required along the north and south property lines. Staff also finds
the property is not adjacent to any residential use or zone but the CZA does require screening
of ornamental trees and a mixture of evergreen and deciduous shrubs from Highway 1, which
corresponds to that S3 standards, and finally, the CZA requires approval of landscaping plan by
the City Forester prior to the issuance of a building permit which meets that standard. Third,
multiple windows servicing a single stacking lane (for example order boards, payment windows,
pick up windows) should be considered to reduce the amount of idling on the site. Staff finds the
proposed a single drive through lane with one order board and one service window is sufficient.
Four, stacking spaces, driveways and drive through windows shall be located to minimize
Board of Adjustment
October 14, 2020
Page 5of9
potential for vehicular and pedestrian conflicts and shall be integrated with the surrounding
landscape and streetscape design of the neighborhood in which it is located. Staff finds that
pedestrian use of the site will be minimal, and the proposed site plan minimizes pedestrian and
vehicular conflicts. Five, the lighting for the drive through facility must comply with the outdoor
lighting standards set forth in chapter 5, article G and must be designed to prevent light trespass
and glare onto neighboring residential properties. Staff will review any new lighting for the site in
compliance with current code standards as part of the building permit process. No light overflow
is expected in the residential properties across Highway 1. Lehmann noted that criterion six was
repealed in 2016 so the final specific criteria, seven, is that loudspeakers or intercom systems
should be located and directed to minimize disturbance to adjacent uses. Special consideration
should be given to areas adjacent to residential uses. Staff finds the intercom systems in the
order boards are directed northeast, towards Highway 1 and the residential properties are on
the other side of Highway 1 and will not be affected by the proposed use.
Lehmann next moved onto the general standards that all special exception applications must
meet. First the proposed exception can't be detrimental to or endanger public health, safety,
comfort or general welfare. Staff finds that there's an existing vacant store on the site which will
be redeveloped as part of project. The intersection with Highway 1 is designed to accommodate
levels of traffic generated by large commercial uses, including P&G and auto uses nearby and
the drive through lane entering the development is more than 100 feet from the entrance access
to Highway 1 and the frontage road provide separation from heavy traffic from Highway 1.
Additionally all of the specific criteria findings as discussed previously also apply including those
related to access, drive through location, and directional signs and markings. Therefore, the
requested drive through will not be detrimental to public health, safety, comfort or general
welfare.
Second, the proposed exception will not be injurious to the use and enjoyment of the property in
the immediate vicinity and shall not diminish or impair property values in the neighborhood. Staff
finds that required S3 screening from Highway 1 along the west property line and the S2
screening from other neighboring properties will minimize views of the drive through, and while
there may be some queuing associated the site on the private frontage road there is sufficient
internal circulation in that development to maintain access to nearby sites. Additionally staff
finds that property values will not be affected.
Third, the establishment of the proposed exception will not impede the normal and orderly
development and improvement of the surrounding property for use as permitted in the district.
Staff notes the surrounding properties are already developed and the site is surrounded by
commercial zoning to the north, east and south. Redevelopment of the subject property and
these requested waivers should not affect development or improvement of any surrounding
properties.
Four, adequate utilities, access roads, drainage and/or necessary facilities have been or are
being provided. Staff finds that there are currently no sidewalks that service this subdivision but
the location of the drive through maintains an opportunity to establish future pedestrian access.
Pedestrian access is provided from the parking lot to the proposed building for employees. The
subject property has access to all other necessary utilities and facilities and there shouldn't be
any offsite improvements.
Five, adequate measures have been taken or will be taken to provide ingress or egress
Board of Adjustment
October 14, 2020
Page 6of9
designed to minimize traffic congestion on public streets. Staff finds the proposed use relies
primarily on access from the private frontage road. There is adequate space for seven cars to
stack up in the drive through line with additional stacking space on the private frontage road
when necessary if there is overflow. So while coffee service is known to generate additional
queuing, peak hours of demand are in the early morning and should not affect ingress or egress
on public streets. And finally the signalized intersection at Highway 1 has the capacity to handle
additional trips generated by the use.
Six, except for these specific regulations and standards applicable to the special exception, in
all the respects, conforms to the zoning code and other standards. Staff finds that the special
exception criteria discourages locating the drive through lane on the street. The site plan
indicates S3 screening within the setback toward Highway 1 and S2 screening along other
property lines. Additionally, through the site plan review process staff will ensure compliance
with all other provisions of the zoning code and also the conditional zoning agreement for the
site.
Seven, the proposed exception must be consistent with the Comprehensive Plan of the City as
amended. Staff finds that the Future Land Use Map designates this area for intensive
commercial development and the Future Land Use Map in the South -Central District designates
this area for intensive or highway commercial. The Comprehensive Plan supports planning for
commercial development in defined commercial nodes as identified in District Plans to meet the
needs of the present and future population. The District Plan also discusses the importance of
upgrading landscaping and creating pedestrian access in commercial nodes. As such, the
proposed drive through use is consistent with the Comprehensive Plan.
Staff recommends approval of EXC20-0001 to allow a drive through lane in an Intensive
Commercial (CI-1) zone for proposed new building at 1335 Highway 1 West, subject to the
following conditions:
1. Substantial compliance with the site plan dated September 29, 2020.
Chrischilles asked if the access to Proctor & Gamble is straight in from Highway 1. Lehmann
replied no and looking at the site plan from an aerial perspective, it forms a tee off where they
can either go to the left or right to get to the Procter & Gamble property. To get to Enterprise
one would typically pass this proposed use on the frontage road but if at any point in time there
was spillover traffic access that blocked the road, one could still get to the Enterprise site if they
went around and through the Procter & Gamble parking lot. It may be inconvenient, but it is
possible to access that site. Regarding pedestrian access in the future there is a trail on the
northwest side of Highway 1 now and at some point in the future there will likely be a crossing
that would enter the development similar to the crossing that leads to the Walmart. Lehmann
reiterated that's not scheduled anytime soon.
Chrischilles asked if the other neighboring businesses have knowledge of this proposal.
Lehmann confirmed the property owners have been notified and a sign was posted on the
property at the entrance to the development. Staff did not receive any inquiries about the
proposed special exception.
Chrischilles asked if this becomes a very popular coffee destination and in the morning they're
backed up and people can't get into Enterprise or the other businesses, is there any provision or
what would need to happen to build another access road further to the east, from the Procter &
Board of Adjustment
October 14, 2020
Page 7of9
Gamble parking lot. Parker responded that may encroach into the airport landing strip.
Lehmann added the Board can add conditions to the approval but it would have to be for the
property and cannot require anything off site.
Jon Marner (MMS Consultants) discussed the opportunity to stack spaces, and there could be
an additional six or seven more back on that frontage road, which would block the Enterprise
drive. Granted, usually there are cooperative drivers so cars would be able to leave the
Enterprise site and still be able to exit if the cars left a gap. He agreed the opportunity to go
around any queue exists but it's just obviously not the shortest route. Lehmann explained that
staff thought about it as at the end of the day, it is a private frontage road, the property owner is
the one developing it, and there is still the access drive there. But there is alternative access,
and excess stacking shouldn't spill into public streets or affect access into the development at
large. The applicant, Scooters, submitted a traffic study and said that in peak hours they're
expecting 24 cars per hour and between the drive through lane and that private frontage road
they can handle around half of that demand. So unless they're waiting there for half an hour for
coffee, staff doesn't anticipate it impacting access to the subdivision and there's room to get
around.
Chrischilles asked if the frontage road is wide enough for two cars, where one could pass on the
left. Lehmann confirmed it was, it is a 30-foot easement.
Marner noted staff relayed most of the key points he just wanted to touch on a couple items
quickly. The distance from Highway 1 to the property line is about 72 feet, so there's a large
separation from the edge of the shoulder to the property line. Additionally there's almost eight
feet of grade change from Highway 1 down to the existing property where that drive through
would go so that combined with the S3, or the higher standard of screening that's required as
part of the CZA, should provide quite a bit of screen separation from Highway 1 and from the
residential properties that are on the other side of Highway 1. Regarding the stacking, as one
exits the Procter & Gamble property going westbound there is a fairly large curb cut radius that
goes up into the Enterprise site. So again, if somebody would have to go around because of
back up there is an opportunity to get around through the site and bypass it without conflicting
with that traffic. Marner reiterated this business is a drive through only, there's no pedestrian in-
store traffic, so their only focus is those drive through customers and take the orders and
process the order and get them through the drive through as quickly as possible. Marner
acknowledged there is sidewalk provided from the parking spaces for the employees up to the
door so there is an opportunity in the future that if a pedestrian access to cross Highway 1 gets
put in one could provide a connection into that pedestrian system.
Parker asked what the feasibility of pedestrian access is, have they done a cost benefit analysis
of adding that sidewalk into the future. Marner stated that sidewalk pedestrian access was a
request of the City as part of the CZA, it's not anything that's required as part of the site plan.
From this particular business standpoint, they are not anticipating pedestrian traffic since it's a
drive through only and there's no walk-in business. The only pedestrian use would largely be
people who might be walking or biking to work.
Mark Holt kamp (applicant) stated if the City eventually decides to put the sidewalk in there is not
any future plans to allow any walk-in business, the building is just enough room for the
employees at peak hours to fit and there's no interior service whatsoever.
Board of Adjustment
October 14, 2020
Page 8of9
Pretorius closed the public hearing.
Parker moved approval of EXC20-0001, an application to allow a drive through lane in an
Intensive Commercial (CI-1) zone for proposed new building at 1335 Highway 1 West,
subject to the following conditions:
1. Substantial compliance with the site plan dated September 29, 2020.
Chrischilles seconded the motion.
Chrischilles noted it looks like the applicant has covered all the bases and this will be a good
location for this business.
Parker said he always wishes for more pedestrian traffic or facilities to get pedestrians to the
proposed business but in this case, down there in the airport area, pedestrian traffic is probably
minimal.
Pretorius noted they can't ignore the COVID situation and to think about a business starting up
in general during this time, versus going out of business, and to create something where people
don't have to go inside at this point is a very safe way to do business.
Parker stated regarding agenda item EXC20-0001 he concurs with the findings set forth in the
staff report of this meeting date, October 14, 2020, and concludes that the general and specific
criteria are satisfied unless amended or opposed by another board member. He recommends
that the Board adopt the findings in the staff report for the approval of this proposal. Chrischilles
seconded the findings.
A vote was taken and the motion carried 4-0.
Pretorius stated the motion declared approved, any person who wishes to appeal this decision
to a court of record may do so within 30 days after this decision is filed with the City Clerk's
Office.
CONSIDER THE JULY 15, 2020 MINUTES:
Parker moved to approve the minutes of July 15, 2020 with correction. Chrischilles seconded
the motion.
A vote was taken and the motion carried 4-0.
Next meeting will be moved to November 18.
ADJOURNMENT:
Hazell moved to adjourn this meeting, Parker seconded, a vote was taken and all approved.
Board of Adjustment
October 14, 2020
Page 9of9
BOARD OF ADJUSTMENT
ATTENDANCE RECORD
2020
NAME
TERM
EXP.
118
2/12
4/8
5113
5/27
6/10
7/15
10/14
CHRISCHILLES, GENE
12/31/2022
X
X
X
X
X
X
X
X
COX, ERNIE
12/31/2020
X
O/E
X
X
X
X
X
O/E
HAZELL, ZEPHAN
12/31 /2021
X
O/E
X
X
X
O/E
X
X
PARKER, BRYCE
12/31 /2024
0/E
X
X
X
X
X
X
X
PRETORIUS, AMY
12/31/2023
X
X
X
X
X
X
X
X
Key: X = Present
0 = Absent
O/E = Absent/Excused
-- -- = Not a Member